People v. Stoecker CA5

INTRODUCTION

Appellant and defendant Roland Friedrich Stoecker pleaded guilty to eight counts and was sentenced to 27 years four months in prison. He filed a petition pursuant to Proposition 47 and his sentenced was reduced by 16 months. In this appeal, he contends his defense counsel was prejudicially ineffective for failing to move the court to dismiss the one-year term imposed for the prior prison term enhancement. We decline to find counsel was ineffective but remand for further appropriate proceedings, pursuant to the agreement of the parties, as to the validity of the prior prison term enhancement based on a recently enacted statute.

FACTS1

On August 14, 2001, defendant broke into an apartment and was ransacking the interior when the resident returned home. Defendant, whose face was covered, repeatedly punched the victim’s head and face, dragged her into the bedroom, tied her to the bed, and gagged her; he said he was sorry for what he was doing. He took several items from the residence, loaded them into the victim’s vehicle, and drove away in the victim’s vehicle. The victim managed to partially free herself and called 911. When the police arrived, she was bleeding from…